People of Medieval Scotland1093 - 1371

Document 2/143/147 (Cooper, Select Cases, no. 44A)

Description

Pope Innocent IV writes to the dean and archdeacon of Glasgow, noting that it has been petitioned to him by the Noble Man, John of Kinross, in the case called between himself and Alwin of Callendar, layman of the St Andrews diocese, concerning the birth of the said A[lwin], who, having been excluded from his paternal goods, the noble as the nearer [heir] ought to succeed; after diverse commissions, the pope committed the petition of the same A[lwin] to the bishop of Aberdeen and the abbots of Holyrood and Kelso. Because the prior of Kelso and his colleague, who the bishop and his co-judges committed, had proceeded against justice, the same noble, having experienced undue burdens from this, and then, being unwilling to revoke the burden of this by the same delegates, appealed to the see. But the same A. had obtained certain letters from the papacy to the bishop of St Andrews, others to the abbots and certain [others] to the bishop of Aberdeen not mentioning the appeal of the said noble. Since this case has endured for five years and more already, the said noble humbly beseeched the papacy to revoke the case to apostolic examination. He thus commands them to obtain the letters of the detainers, if it is necessary, to hear the case and terminate it, within three months after receiving these letters, either by judicial sentence or an agreement, causing what is decreed to be observed by ecclesiastical censure. If they are unable to bring this to conclusion, they are to remit it for examination by the apostolic see, appointing a peremptory limit of three months to the parties by which they are to compear before the pope, by themselves or their proctors. If the witnesses named shall have withdrawn out of favour, hatred or fear, they shall compel them by the same censure, without appeal, to provide testimony of the truth; not hindering the indulgence conceded to the kingdom of Scotland that they cannot be brought to trial outside the kingdom by apostolic letters which do not make mention of this indult, whether by another papal indulgence or by the constitution of two diets published in the General council. If both of them cannot or do not wish to be present, let the other one do it.